Chiappone v. Greenebaum
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Fred H. Greenebaum, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 19th day of December, 1918, granting plaintiff’s motion to set aside the verdict and for a new trial made upon the minutes on the ground that the verdict was against the weight of evidence.
1Per curiam
We are of opinion that the order granting a new trial should be reversed and the verdict reinstated. Upon the evidence of the plaintiff’s principal witness, the plaintiff’s intestate could well be found guilty of contributory negligence, in looking to the south, and failing to look to the north, from which direction the automobile was coming at a reasonable speed. After plaintiff’s intestate had passed the car in front, he could by looking have seen this automobile coming from the north and have avoided the injury. There was nothing between him and the approaching car. It was his duty to look…
2Cited by4 opinions
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